Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021
–(1) For the purpose of adjudicating penalties under section 58, the Chairperson of the State Council shall be the adjudicating authority to hold inquiry and imposing penalties in such manner as may be prescribed:
Provided that for the States where the State Councils have not been established, the Chairperson of the Commission shall perform the functions of the adjudication authority under sub-section (1) till such State Councils are established:
Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
- (2)Whoever is aggrieved by an order of the adjudicating authority under sub-section (1) except the proviso thereof, may, within a period of thirty days from the date of receipt of such order, prefer an appeal to the Chairperson of the Commission, who shall be the appellate authority, in such form and manner as may be prescribed: Provided that where the Chairperson of the Commission has performed the functions of the adjudicating authority under the first proviso to sub-section (1), the appeal shall lie to the Secretary to the Government of India, as may be appointed by the Central Government in this behalf.
- (3)The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
- (4)The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.
- (5)An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
- (6)If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
↩1.Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 01.07.2026).
↩2.Ins. by s. 2 and Sch. ibid. (w.e.f. 01.07.2026).
Summary
- The Chairperson of the State Council acts as the adjudicating authority to decide penalties under Section 58.
- If a state does not have a State Council yet, the Chairperson of the Commission acts as the adjudicating authority instead.
- Nobody can be penalised without first being given a reasonable opportunity to be heard.
- If you disagree with the penalty, you have thirty days to file an appeal with the Chairperson of the Commission (or the Secretary to the Government of India, if the Commission's Chairperson gave the original penalty).
- The person hearing the appeal must decide on it within sixty days, and if you do not pay your final penalty, the government can collect it like unpaid land revenue.
Practical examples
FAQ
1. Who decides the penalty if I fail to surrender my certificate?
The Chairperson of the State Council holds the inquiry and imposes the penalty. If your state has no council, the Chairperson of the Commission does it.
2. Can the authority just fine me without letting me speak?
No, the law states that no penalty shall be imposed without giving you a reasonable opportunity of being heard.
3. What happens if I refuse to pay the penalty after the appeal is finished?
If the penalty is not deposited, the government can recover the amount as an arrear of land revenue.
4. Can I appeal if I miss the thirty-day deadline?
Yes, the appellate authority can accept your appeal after thirty days if you prove you had a sufficient cause for the delay.
Test yourself
Q1.Under Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021, who is normally the adjudicating authority for imposing penalties under Section 58?
Q2.Under Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021, dealing with penalties for failing to surrender certificates (Section 58), what happens if a State Council has not yet been established in a state?
Q3.Under Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021, how long does the appellate authority have to dispose of an appeal after it is filed?
Q4.Under Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021, to whom does a professional appeal if their Section 58 penalty was originally decided by the Chairperson of the Commission?
Q5.Under Section 58A of The National Commission for Allied and Healthcare Professions Act, 2021, what method is used to collect the money if a professional simply refuses to pay their penalty?